Interviewing suspects Flashcards
PEACE
Planning and preparation
Engage and explain
Account clarification
Closure
Evaluation
Interview plans
Your interview plan should cover the facts you already have, and detail the facts you need or would like to know.
Your interview plan should contain:
Facts you already know.
Facts you need to know.
Points to prove.
Defences.
Significant statements, relevant comments.
Special warnings.
What are some factors your should consider when interviewing suspects?
Age
Do they need an appropriate adult? (Anyone under 17 must be accompanied by an adult.)
Language
Do they need an interpreter?
Religion
Bearing in mind prayer times, is this the right time for an interview?
Physical wellbeing
Have they been deemed fit for interview by a Forensic Medical Examiner (FME)? Do they have any physical disabilities that require assistance?
Rapport
Which officer is interviewing the suspect? Do they have good rapport?
Engage and explain
Building rapport.
Explaining the process.
Beginning the interview.
What does the caution actually mean?
You do not have to say anything. During your time at the police station, including at the interview, you do not need to answer the police’s questions and may remain silent or answer ‘no comment’. Occasionally the police may invite you to answer questions by saying that “advice is just advice” or “it’s your interview”, but the fact remains that you do not need to answer any of the police’s questions.
But it may harm your defence if you do not mention when questioned, something that you later rely on in Court. Put simply if you do not answer questions at interview but later at trial come up with answers to the prosecution’s questions, the Court may infer that your account is made up.
Anything you do say may be given in evidence. Interviews are tape recorded and a transcript can be produced for the Court. Any difference between the account that you give at the police station and at Court may be to your detriment.
What things do you have to say before beginning an interview?
The interview is being recorded.
The start time and date of the interview.
The interview location – which police station and which room.
Persons present – each person in the room speaks aloud their own name.
Whether the suspect has had the opportunity to take legal advice.
The caution.
What is a voluntary attendance interview? who and where can it be used?
Voluntary attendance (VA) or a voluntary interview can be used to interview a suspect who is not under arrest for the commission of a criminal offence. It can be used for adults or young people, in interviews conducted at or away from police buildings.
A voluntary interview is a method of dealing with suspects without arresting them. It provides convenience and flexibility for both suspects and interviewers but can also present additional risks which need to be managed appropriately.
s29 PACE
Section 29 PACE provides that where a person voluntarily attends a police station or other place without having been arrested, for the purposes of assisting with an investigation, he shall:
- be entitled to leave unless he is placed under arrest.
- be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.
What is the role of an appropriate adult (code of practice 1.7A)?
The role of the appropriate adult is to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons to whom the provisions of this and any other Code of Practice apply.
- For this reason, the appropriate adult is expected, amongst other things, to:
Support, advise and assist them when, in accordance with this Code or any other Code of Practice, they are given or asked to provide information or participate in any procedure. - Observe whether the police are acting properly and fairly to respect their rights and entitlements, and inform an officer of the rank of inspector or above if they consider that they are not.
- Assist them to communicate with the police whilst respecting their right to say nothing unless they want to, as set out in the terms of the caution.
- Help them to understand their rights and ensure that those rights are protected and respected.
What are some roles of legal advisors?
Challenging the legal basis of police action.
Advising their client not to assist the prosecution case.
Rigorously exploring alternative outcomes to charging.
Attempting to persuade officers that their client is not responsible for the offence in question.
What is considered misconduct from a legal advisor?
Answering questions on the client’s behalf.
Providing written replies for the client to quote.
Who do you need authority from to remove a legal advisor from interview?
superintendent or above, or if no one is available, an inspector
The authorising officer should:
Witness the behaviour themselves (which may include listening to recordings).
Be prepared to justify their reasons to a court.
